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TOPIC: DLA Appeal and EMP Report

Hello everyone - I discovered this site AFTER I had submitted my original claim for DLA. Such a pity as I was naive enough to think those handling the claim would have medical knowledge and so did not expand in too greater detail how my condition affects me. However, I was granted the Care component at the lower rate (after requesting a Reconsideration of Decision) but there were several errors in what was written as to why I didn't get middle rate or qualify for lower rate Mobility and so I have opted to go to Appeal.

When the EMP visted me, he did a brief examination and was mainly interested in how far I can walk. Throughout the whole process I have stated I am in permanent pain so walking is always a bit of an ordeal but that before 30 yards is up (which I walk very slowly and with a walking stick)I have to stop and rest. The EMP has written that I can walk 800 metres!! He has also written my illness (Post Polio Syndrome) is inverted commas - as if this is a made up illness, despite having reports from one of this country's top consultants in the illness! No consideration has been given to the fact that part of the syndrome means I experience similar symptoms to ME and am exhausted by the littlest activity. The EMP even wrote that I didn't know why I didn't sleep well at night but that I thought it could be due to having naps during the day! This is a complete fabrication and I never said anything at all remotely like it!

Is there anyone out there who can advise me as to how I should proceed with my Appeal given that the EMP's report already shows a great deal of ignorance of my condition and contains inaccuracies?

Thank you in advance

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Thanks Gareth, have downloaded them and am slowly working my way through them (the ME symptoms cause me to be tired after a short while of reading/writing)but was hoping somebody might have experienced challenging an EMPs report and say how it went (it's rather scary to think of arguing against a medical professional, albeit one who obviously does not know anything about my illness.

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If you go to
This link
, it will take you to the DWP's website area for health professionals and gives information about the likely care and/or mobility needs for those with poliomyelitis and post polio syndrome.

This information is used by DWP Decision Makers & DLA Tribunals to help them to assess entitlement to DLA.

However, you really need 'face to face' help to help you prepare your appeal in order that you can put forward the best appeal possible. You could check if your local CAB have a benefits adviser or contact
Community Legal Advice
who can put you in touch with a local adviser in your area.

As a former WRO for over 25 years and sitting on DLA Appeal Tribunals for 10 years, most EMP reports give a fairly true picture about the claimant, but regretfully some EMP reports read like fiction, and tribunals are used to dealing with them.

An appeal is a complete rehearing of your claim by a 3 person tribunal totally independent of the DWP and tribunals are free to chose which evidence to accept and which to reject, so as long as you opt for a oral hearing, you have around a 45 to 50% chance of success.

Most appeals succeed not because of any real new evidence considered on the day of the appeal, but because the tribunal sees the appellant and is able to ask them questions about their care and/or mobility needs, not just read what their case file says.

In direct contrast, a DWP Decision Maker never sees claimants, so has to rely upon what's in the case papers only, including any EMP report. Appeals which are heard on the case file alone, called 'paper hearings' tend to have about the same success rate as decisions made by Decision Makers which don't make an award. This highlights the importance of opting for an oral hearing.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION.Nothing on this board constitutes legal advice - always consult a professional about specific problems

Many, many thanks for your reply, Jim. The link to DWPs info on likely needs of a person living with Post-Polio Syndrome is very enlightening (if somewhat more of an outline rather than comprehensive) and the other two links will be looked at tomorrow. At the moment I'm 'going it alone' as I would find the trip into see somebody at CAB too exhausting but I will ring them and see if there's any possibility of somebody coming out to me instead. Again, thanks for your help (Gareth, too) it is much appreciated.

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